Nevsky and Scott

In *Nevsky and Scott*, the parties were Nevsky and Scott, and the dispute concerned the interpretation of a deed of settlement. The matter came before Chisholm J of the Supreme Court of Victoria.

The central legal issue before the Court was whether the deed of settlement, which contained a release of all claims, operated to release a claim for breach of contract that arose after the deed was executed.

Chisholm J reasoned that the language of the release clause was broad and intended to cover all claims, whether known or unknown, existing at the time of the deed or arising thereafter. The Court applied the principle that clear and unambiguous language in a deed of settlement will be given its ordinary meaning, and that a general release will encompass all claims within its scope unless specific exceptions are clearly delineated. The Court found that the wording of the release was sufficiently comprehensive to include the subsequent breach of contract claim.

The Court therefore found that the claim for breach of contract was released by the deed of settlement.